A.
This
chapter makes any violation of the provisions of this Code subject
to civil fine.
B.
This
chapter establishes the administrative procedures for the imposition,
enforcement, collection, and administrative review of civil fines
pursuant to Government Code Section 53069.4 and the City's plenary
police power under its charter.
C.
The
issuance of an administrative citation under this chapter is solely
at the City's discretion and is one option the City has to address
violations of this Code. By adopting this chapter, the City does not
intend to limit its discretion to utilize any other remedy, civil
or criminal, for such violations that the City may select in a particular
case.
D.
The
purpose of issuing administrative citations pursuant to this chapter
is to encourage voluntary and complete compliance with the provisions
of this Code for the protection and benefit of the entire community.
E.
Notwithstanding
any lease, license or any other instrument or agreement, the owner
of any real property has the right to enter upon his or her own property
to the extent reasonably necessary to abate any nuisance or correct
any violation of this Code existing thereon. The provisions of this
subsection shall be an implied term of any instrument affecting the
right to possession of real property located in the City of Huntington
Beach.
F.
Because
of the serious blighting conditions that can result affecting the
residents' health and safety, this chapter is intended to impose strict
civil liability upon the owners and lessees of real property for all
building, housing, fire and health code and zoning violations that
occur upon the subject premises.
(3397-7/98)
The following definitions apply to the use of these terms for
the purposes of this chapter:
Any violation of this Code pertaining to building, plumbing,
electrical, or other similar structural or zoning regulations set
forth in this Code that does not create an immediate danger to health
or safety.
An administrative citation issued pursuant to this chapter.
Citation includes a notice of noncorrection unless the context clearly
shows otherwise.
Person given an administrative citation charging him or her
as a responsible person for a code violation.
The City Attorney or his or her designee.
The City Treasurer or his or her designee.
Any City employee or agent of the City designated by the
Director of any City department which has the authority and responsibility
to enforce provisions of this Code.
The Director of the City's Finance Department or his or her
designee.
The person appointed by the City Manager to serve as the
hearing officer for administrative hearings. Prior to conducting hearings
the hearing officer must first be certified by the City Attorney as
qualified to provide a fair and impartial hearing based on appropriate
education, training and experience.
Giving a citation to the citee and issuance occurs on the
date when a citation is personally served on the citee, the date it
is mailed to the citee, or the date it is posted on real property
where a property related violation occurs.
The City department that has the authority and responsibility
for enforcing the code section(s) designated on a citation as having
been violated.
A reissuance of an original citation for a building violation
which notes a violation(s) on the original citation has not been corrected
within the applicable correction period.
A responsible person is any of the following:
A person who causes a code violation to occur.
A person who maintains or allows a code violation to continue,
by his or her action or failure to act.
A person whose agent, employee, or independent contractor causes
a code violation by its action or failure to act.
A person who is the owner of, and a person who is a lessee or
sublessee with the current right of possession of, real property where
a property related code violation occurs.
A person who is the on-site manager of a business who normally
works daily at the site when the business is open and is responsible
for the activities at such premises.
|
For purposes of this subsection "person" includes a natural
person or legal entity, and the owners, majority stockholders, corporate
officers, trustees, and general partners of a legal entity.
|
|
There shall be a legal rebuttable presumption that the record
owner of a parcel according to the county's latest equalized property
tax assessment rolls and a lessee or sublessee of a parcel has notice
of any code violation existing on the premises.
|
|
For the purposes of this chapter, there may be more than one
responsible person for a code violation, and a minor at least 14 years
of age may be a responsible person subject to the provisions of this
chapter.
|
(3397-7/98, 3630-02/04, 3751-11/06)
The City will not receive anonymous complaints by anyone regarding
alleged violations of the Huntington Beach Municipal Code by businesses
located within the City. This section only applies to complaints regarding
businesses located within the City's commercial, mixed use or industrial
zones, and does not apply to residential zones.
Individuals wishing to report a complaint to the City must complete
a form, which in part, requires a detailed description of the alleged
violation and must include a copy of the reporting party's driver's
license or other form of verified identification that enables the
City to identify the person making the complaint. The information
provided will be a public record.
No member of the City shall accept, process, or investigate
a complaint as described in this section submitted by any party who
has not personally provided the required personal identification.
(4277-3/23)
A.
Any
enforcement officer upon determining that a provision of this Code,
which he or she is charged to enforce, has been violated has the authority
to issue an administrative citation to any responsible person or persons.
An enforcement officer may issue a citation for a violation the officer
did not see occur if the officer has determined through investigation
that the responsible person did commit the violation. A responsible
person to whom a citation is issued shall be liable for and shall
pay to the City Treasurer the fine or fines described in the citation
when due pursuant to the provisions of this chapter.
B.
Each
day a violation of this Code exists shall be a separate violation
and be subject to a separate fine. A citation may charge a violation
for one or more days on which a violation exists, and for violation
of one or more code sections.
C.
The
City may take into consideration the fact that a person has been issued
citations when the City is determining whether to grant, suspend,
revoke, or deny any permit, license, or any type of land use approval
for the person and such citations are evidence that the person has
committed acts that are not compatible with the health, safety and
general welfare of other persons and businesses in the vicinity.
(3397-7/98, 3630-2/04, 3751-11/06)
A.
When a citation is issued for a building violation, a 30-day correction period shall be provided for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding Section 1.18.030, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the 30 days allowed for its correction (plus any extension) and he or she is issued a notice of noncorrection.
B.
The
citee of a building violation may request an extension of the correction
period provided that a request is filed with the Director of the issuing
department before the 30-day period ends. The Director may in his
or her discretion grant a reasonable extension of the period of time
to correct the violation if the citee has supplied substantial evidence
showing that the correction cannot reasonably be made within the 30-day
period. The Director's decision shall be in writing and is final.
The filing for such an extension does not, unless granted, extend
the 30-day correction period or any other time periods set by this
chapter.
C.
If a
building violation has not been corrected by the end of the correction
period, the enforcement officer has authority to issue to the responsible
person a notice of noncorrection. The citee to whom the notice of
noncorrection is issued shall be liable for and shall pay to the City
the fine or fines described in the notice of noncorrection which fine
shall be due on the date the notice of noncorrection is issued. Additional
citations may be issued and fines imposed for every day the violation
continues uncorrected from the date the notice of noncorrection is
issued and the citee shall be liable for and shall pay to the City
Treasurer any additional fine which shall be due on the date any new
citation is issued.
The Director of the department that issued the citation may cancel a citation within 30 days of the citation date upon a showing of special circumstances if an administrative hearing has not been requested under Section 1.18.100.
D.
If upon
reinspection the enforcement officer determines the violation has
been corrected, he or she will issue a notice of decision to the citee
indicating correction has been made.
(3397-7/98, 3751-11/06, 3828-5/09)
Each administrative citation shall contain the following information:
A.
Name
of the responsible person for the violation of this Code.
B.
Date
on which an inspection established the code violation.
C.
Issuing
department for the code section(s) violated.
D.
The
code section violated.
E.
Address
where the code violation occurred.
F.
Description
of the violation established by inspection.
G.
Amount
of the fine for the violation and procedure to pay the fine and avoid
a late payment penalty.
H.
Designation
of a building violation (if applicable), date the 30-day correction
period expires, and how to request an extension of that period, and
designation of a notice of noncorrection for a building violation
that has not been corrected.
I.
Designation
of any prior citations, issued for the same code violations, if known.
J.
Description
of the procedure for requesting a waiver of fine deposit and/or an
administrative hearing to contest a citation.
K.
A notice that the code violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where a property related code violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor as set forth in Section 1.18.150 of this Code.
L.
Signature
of the enforcement officer issuing the citation.
M.
Date
the citation is issued.
N.
Any
other information deemed necessary by the City Attorney, City Treasurer
or Finance Director for enforcement or collection purposes.
(3397-7/98, 3630-02/04, 3751-11/06)
A citation may be served as follows:
A.
An enforcement
officer may personally serve the citation on the citee. The citee
is required to sign a copy of the citation showing his or her receipt
of the citation.
B.
An enforcement
officer may mail the citation by certified mail. The citation shall
be mailed to the citee's address shown on the county's last equalized
property tax assessment rolls for a property related violation, or
to any address known for the citee for all other violations.
C.
An enforcement
officer may post the property in a conspicuous place with a copy of
the citation when the citee resides at an unknown address other than
where the violation occurs. A copy of the citation shall also be mailed
via certified mail to the citee at the property address.
(3397-7/98, 3630-02/04)
A.
The
amount of the fines for violating particular provisions of this Code
shall be set in a schedule of fines adopted by resolution by the City
Council. The schedule may include escalating fine amounts for repeat
code violations occurring within specified periods of time.
B.
The
schedule of fines may also specify the amount of interest, late payment
penalty, and processing fee owed for any fine not paid when due. A
late payment penalty and interest shall be owed for fines not paid
within 30 days of the date of issuance of the citation.
C.
Fines are due on the day the citation is issued, except (1) fines for building violations shall be due on the day the notice of noncorrection is issued and (2) when a fine deposit has been waived pursuant to Section 1.18.110 and the hearing officer upholds the citation, the fine shall be due on the date the decision is made and personally served on the citee or the date the decision is mailed to the citee.
(3397-7/98, 3630-02/04)
A.
Fines
shall be paid to and received by the City Treasurer within 30 days
of the date of issuance of the citation.
B.
Payment
of a fine shall not excuse the citee from correcting the code violation.
The issuance of a citation and/or payment of a fine does not bar the
City from taking any other enforcement action regarding a code violation
that is not corrected, including issuing additional administrative
citations and/or criminal complaints.
(3397-7/98, 3630-02/04)
A.
A person
issued an administrative citation may request a preliminary review,
if the request is made within 14 days of the date the citation is
issued. A notice of noncorrection of a building violation shall not
be subject to a request for preliminary review.
B.
To obtain
a review, the citee shall go to the City government building where
the issuing department is located. The citee must present a copy of
the citation and a completed and signed request form stating the reasons
why there was no violation or why he or she is not a responsible person
for the violation. All requests shall be date stamped upon receipt.
C.
The
preliminary review shall be conducted by a City employee designated
by the Director of the issuing department. The reviewer shall not
be the enforcement officer who issued the citation. The purpose of
the review is to uncover and cancel any mistakenly issued citations
due to errors that are easily verifiable, and not to resolve factual
disputes concerning the violation that is the subject of the citation.
D.
The
preliminary review will be decided at the time the request is filed
if reasonably practical as determined by the reviewer. It shall consist
of a review of the citation and the written request form and any other
evidence submitted at the time of the request by the citee and, at
the discretion of the reviewer, any other related information. Where
the review is not completed within five working days of receipt of
the request, the request shall be deemed denied.
E.
The
citee shall be notified of the results of the review by being given
a notice of decision form stating the review decision. The citee may
also be given additional notice by telephone or facsimile when practicable.
F.
A request
for preliminary review does not extend any time periods for compliance,
including the fine due date, the time any correction period ends,
and the time to request an administrative hearing.
G.
If the
reviewer concludes that no code violation occurred or that the citee
was not responsible for the violation, the citation shall be canceled.
(3397-7/98)
A.
Any
person receiving an administrative citation may contest it by filing
a request for an administrative hearing, except that a hearing for
a building violation may not be requested unless and until a notice
of noncorrection is issued. To obtain a hearing, the citee shall file
a signed written request form contained on the reverse side of the
citation and indicate the grounds for contesting the citation and
fine. A citee may contest the citation by denying that a violation
occurred, by denying that it was not corrected within the correction
period, if applicable, or by denying that the citee is a responsible
person for the violation.
B.
To be
effective and complete, the request must be received by the City Attorney
within 30 days of the date the citation was issued, and be accompanied
by evidence of payment of the full amount of the fine. Where a request
and fine deposit are mailed by the citee, the request and fine deposit
shall be deemed filed on the date received by the City Treasurer.
All requests shall be date stamped upon receipt.
C.
The person requesting the administrative hearing may file a written declaration with the City Attorney before the hearing or personally attend the hearing on the date, time and place specified by the City Attorney. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall constitute an abandonment of the request, unless the hearing was continued pursuant to Section 1.18.120(F).
(3397-7/98, 3630-02/04)
A.
A person
who files a request for an administrative hearing may also request
at the same time a hardship waiver of the fine deposit. To seek such
a waiver and obtain a separate hearing on the request, the citee must
check the box indicating this request on the form contained on the
reverse side of the citation and attach a statement of the grounds
for the request. To be effective, this form requesting the waiver
and the administrative hearing must be received by the City Attorney
within 30 days of the date the citation is issued.
B.
The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine. The citee shall appear at the hearing as set by the City Attorney's office or file a written declaration with the City Attorney prior to the hearing. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance shall constitute an abandonment of both the requests unless the hearing was continued pursuant to Section 1.18.120(F).
C.
The
waiver request will be decided by the hearing officer at a separate
hearing before the administrative hearing on the contest of the citation.
At the conclusion of the hearing on the waiver request, the hearing
officer shall issue a decision that the fine deposit is or is not
waived. A copy of the notice of decision shall be delivered to the
citee at the end of the hearing on the waiver request.
D.
If the waiver is denied, the citee shall pay the fine amount within 14 days to the City Treasurer. Failure to make the deposit by the time required shall be deemed an abandonment of the contest. Upon receipt of the fine amount, the administrative hearing to contest the citation shall be set pursuant to Huntington Beach Municipal Code Section 1.18.120.
(3397-7/98, 3630-02/04, 3751-11/06)
A.
The
hearing shall be conducted by a hearing officer on the date, time
and place specified by the City Attorney.
B.
The
City Attorney shall ensure that the pertinent citation records are
delivered to the hearing officer for a citation set for a hearing,
including information showing all fine deposits and waivers granted.
The City Attorney shall also make available to the citee before the
hearing a copy of any additional reports concerning the citation that
are provided to the hearing officer.
C.
The
citee shall be given the opportunity to testify and to present evidence
relevant to the code violation specified in the citation. A parent
or legal guardian of a citee who is a minor, under 18 years of age,
shall accompany the citee.
D.
The
citation and any other reports prepared by the enforcement officer,
or at his or her request, concerning the code violation or attempted
correction of the code violation that are provided to the hearing
officer shall be accepted by the hearing officer as prima facie evidence
of the code violation and the facts stated in such documents.
E.
Neither
the enforcement officer nor any other representative of the City shall
be required to attend the hearing, nor shall the hearing officer require
that there be submitted any evidence, other than the citation, that
may exist among the public records of the City on the violation. However,
any such appearance and/or submission may be made at the discretion
of the enforcement officer or any City employee or agent.
F.
The hearing officer may continue a hearing if a request is made showing good cause by the citee or a representative of the City. All continuance requests shall either: (1) be made in person at the hearing by the citee or his or her representative if the citee is physically unable to attend, or (2) be made by a written request received by the City Attorney at least 24 hours before the hearing date. If the continuance is granted, a new hearing date shall be set within 45 days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance with subsection H below. The hearing officer's decision is final and he or she shall either personally give the notice of decision to the citee or the representative if present at the end of the hearing or request that the notice be mailed by the City Attorney.
G.
The
hearing shall be conducted informally and the legal rules of evidence
need not be followed. The hearing officer does not have the authority
to issue a subpoena.
H.
The failure of the citee to appear at the hearing, unless the hearing was continued per subsection F of this section, shall constitute an abandonment of the request for waiver of the fine deposit and/or the contest, and a failure to exhaust administrative remedies concerning the violation set forth in the citation. The fine deposit shall be credited by the City upon the fine due for the violation. The failure to appear by the citee shall be noted on the notice of decision by the hearing officer which will be mailed to the citee by the City Attorney.
(3397-7/98, 3630-02/04)
A.
After
considering all the evidence and testimony submitted at the administrative
hearing, the hearing officer shall issue a written decision to uphold
or cancel the citation. The hearing officer has no discretion or authority
to reduce or modify the amount of any fine. The decision will be made
on a notice of decision form and will state the reasons and evidence
considered for the decision. The decision of the hearing officer shall
be made at the conclusion of the hearing and shall be final. The notice
of decision for the administrative hearing shall be personally delivered
to the citee at the conclusion of the hearing.
B.
If the
decision is to uphold the citation, the City shall keep the fine deposited
as payment upon the fine due. If the decision is to cancel the citation,
the Finance Director shall refund the fine deposit to the citee within
30 days of the filing of the decision. If the citation is upheld and
the fine deposit has been waived, the fine shall be due to the City
Treasurer on the date the decision is given to the citee at the end
of the hearing by the hearing officer.
C.
The
hearing officer's continued employment, performance evaluation, compensation,
and benefits shall not directly or indirectly be linked to the amount
of citations upheld or canceled by the officer.
(3397-7/98, 3751-11/06)
A.
The
citee may seek judicial review of the administrative hearing decision
by filing an appeal with the Orange County Superior Court within 20
calendar days after the citee receives a copy of the notice of decision
at the conclusion of the hearing in accordance with the provisions
of California Government Code Section 53069.4. The appeal filed with
the court must also contain a proof of service showing a copy of the
appeal was served upon "City of Huntington Beach (Attention: City
Attorney)." The citee must pay to the Orange County Superior Court
a $25.00 filing fee when the appeal is filed.
B.
No appeal
is permitted from a decision on a request for preliminary review,
or an extension of the 30day correction period for building violations,
or a request for waiver of the fine deposit, or where the citee is
deemed to have abandoned the contest of the citation by an unexcused
nonappearance at the hearing or failure to deposit the fine.
C.
The
City Attorney shall forward to the Court, within 15 days of its request,
the pertinent citation documents for any case appealed to that court.
If the Court cancels any citation, the City Treasurer will refund
any fine deposit made and the $25.00 appeal filing fee.
(3397-7/98, 3630-02/04, 3751-11/06, 4072-12/15)
A.
The
City Treasurer at his or her discretion may pursue any and all legal
and equitable remedies for the collection of unpaid fines, interest
and penalties.
1.
Pursuit
of one remedy does not preclude the pursuit of any other remedies
until the total fines, interest and penalties owed by a person under
this chapter have been collected.
2.
The
City may refuse to issue, extend, or renew to any person, who has
unpaid delinquent fines, interest, penalties, liens or assessments,
any City permit, license, or other City services or approval pertaining
to the property or person that is the subject of the fine and citation.
3.
Any permit, license, or any type of land use approval issued by the City to a person who has unpaid fines, interest and penalties totaling $1,000.00 or more that remain delinquent for 30 days or longer shall automatically be suspended. The suspension becomes effective 10 days after the day notice of the suspension is sent via certified, U.S. mail, postage prepaid, addressed to the person, and continues until the delinquency is paid in full. The person may request a review hearing pursuant to the procedures in Section 1.18.090 on the issue of delinquency, if the request is filed before the 10-day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for the revocation of the permit, license or approval.
4.
The
City Attorney, at his or her discretion, may also issue a criminal
complaint to any citee for a code violation when the applicable fine,
interest or penalty has not been paid.
B.
Any
violation of this Code shall constitute a nuisance. To compel code
compliance, the City may seek to abate the nuisance and collect the
costs incurred by means of a nuisance abatement lien and/or special
assessment against the property where a property related violation
occurred in accordance with the procedures in Government Code Sections
38773.1 and 38773.5. Any unpaid delinquent civil fines, interest and
penalties may be recovered as such a lien or special assessment against
the property of the responsible person who is the owner of the property
where the violation occurred.
C.
To pursue
an abatement of a code violation as a nuisance and recover any delinquent
civil fines, interest and penalties as a lien or special assessment,
the following conditions must be met:
1.
The
City Treasurer, in conjunction with the City Attorney, must certify
the amounts of the liens and special assessments sought to be collected
from each property owner; and
2.
The
total amount of the delinquent fine, interest and penalty against
the property owner must be $250.00 or more and be delinquent for 60
days or more.
D.
The
City Treasurer is authorized to take any steps necessary to enforce
collection of the lien or special assessment, including but not limited
to the following:
1.
Request
the County Recorder to record a notice of any lien or special assessment
certified by the City Treasurer.
2.
Request
the County Tax Collector to collect any special assessments certified
by the City Treasurer.
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The City Treasurer may pursue these remedies whether or not
the City is pursuing any other action to terminate an ongoing code
violation that was the basis for the fine.
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E.
All
citations shall contain a notice that unpaid fines, interest and penalties
are subject to the assessment and lien collection procedures of this
section. This notice shall satisfy the notice requirements of Government
Code Sections 38773.1 and 38773.5 when a citation is personally served
on the citee.
F.
The
mother, father and the legal guardian if there is no living parent,
of a citee who is a minor shall be liable for any fines, penalties
or interest or any other fees imposed upon the minor pursuant to the
provisions of this chapter. Any such amounts may be collected from
the minor or a parent or guardian.
(3397-7/98, 3630-02/04, 3751-11/06, 3828-5/09)
